Case Summary (A.M. No. MTJ-98-1169)
Charges Against the Respondent
The complaint lodged on May 29, 1997, posited two principal allegations against Judge Hontanosas: (1) open defiance of a superior court's lawful order mandating his inhibition from hearing a particular case, and (2) habitual gambling in casinos and cockpits. The complainant detailed an incident where Judge Hontanosas was requested to inhibit himself from cases involving Barbara Ong, the wife of a prominent businessman, but instead, he refused to comply and proceeded with the trial, culminating in an acquittal for the accused.
Allegations of Judicial Misconduct
The complainant further asserted that Judge Hontanosas was frequently observed engaging in gambling activities in Cebu and at cockfights in Bohol, noting that local lawyers believed they could secure favorable decisions from him for bribes as low as P500 to P5,000. This behavior allegedly tarnished public trust in the judiciary.
Respondent’s Defense
In response, Judge Hontanosas argued that the Regional Trial Court's order for his inhibition was invalid due to lack of notice and the failure to involve all parties. He claimed that the order merely advised him to inhibit without establishing a mandatory requirement. In addressing the gambling allegations, he admitted to accompanying his wife to a casino but denied participating in gambling activities.
Procedural Developments
The case management unfolded with the Court Administrator requiring the respondent to provide an answer, which was timely delivered. The matter was then docketed as a regular administrative case, and the complainants expressed a desire to withdraw their case, perceiving futility in proceeding further.
Court Administrator’s Findings
In a report, the Court Administrator recommended the dismissal of the first charge against Judge Hontanosas for lack of merit, clarifying that the inhibition order did not impose a binding obligation on the respondent. However, he found sufficient grounds for the second charge regarding gambling, as it conflicted with the established judicial conduct guidelines and ethical canons.
Court Ruling on Charges
Upon reviewing the evidence, the Court concurred with the findings of habitual gambling by Judge Hontanosas, affirming that even if he did not directly gamble, his presence in the casinos violated established directives against judges frequenting such venues. The Court highlighted the detrimental effect of such actions on public perception and trust in the judiciary.
Sanction Imposed
The Court resolved to dismiss the first charge regarding the defiance of the superior court's order but penalized Judge Hontanosas with a fine of P12,000 for gambling-related violations. He was sternly warned that any recurrence of similar conduct would attract more
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Case Overview
- The case involves the City Government of Tagbilaran as the complainant against Judge Agapito Hontanosas, Jr., the presiding judge of Branch 1 of the Municipal Trial Court in Cities, Tagbilaran City.
- The complaint was filed on May 29, 1997, and encompasses two principal charges against the respondent:
- Open defiance of a lawful order from a superior court regarding his inhibition from a case.
- Open, notorious, and habitual gambling in casinos and cockpits.
Allegations Against Judge Hontanosas
First Charge: Defiance of Court Order
- The City Government filed criminal cases against Barbara Ong for failing to pay amusement taxes.
- The City sought Judge Hontanosas' inhibition from presiding over these cases due to perceived bias.
- The Regional Trial Court (RTC) issued an order for Judge Hontanosas to inhibit himself, which he disregarded.
- Judge Hontanosas compelled the Fiscal to rest the case prematurely and rendered a judgment of acquittal for Ong and her co-accused.
- The complainant argued that this conduct was a blatant defiance of judicial norms and severely undermined public confidence in the judiciary.
Second Charge: Habitual Gambling
- Complainant alleges that Judge Hontanosas frequented casinos in Cebu and engaged in gambling activities.
- It was noted that he traveled to Cebu multiple times a week for gambling and attended cockfights regularly.
- Witnesses indicated that corruption was rampant, suggesting that favorable judicial outcomes could be secured for monetary payments.
Response of Judge Hontanosas
- In his answer to the complaint, Judge Hontanos